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Chennai Madurai Court December 2016 Judgments

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Dec 29 2016

Thangasamy and Others Vs. The District Collector, Tirunelveli District ...

Court: Chennai Madurai

Decided on: Dec-29-2016

(Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to receive respective loan amount and to return back the respective paddy bags forthwith.) 1. The petitioner seeks for a direction to the respondents to receive respective loan amount and to return back the respective paddy bags forthwith. 2. Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition itself is taken up for final disposal. 3. The case of the petitioners that they are agriculturalists and they have mortgaged their paddy bags, which were reaped and harvested in the month of Thai and Masi, with the third respondent, while borrowing loan of Rs.3,00,000/- each. It is the further case of the petitioners that they received final notice, dated 09.12.2016, from the third respondent directing them to pay the loan amount along with the interests and other expenses, failing which, t...


Dec 29 2016

K. Balakrishnan Vs. The District Collector, Kanyakumari and Others

Court: Chennai Madurai

Decided on: Dec-29-2016

(Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to remove the high tension wire line crossed the petitioner's house Door No.19/ 146B it is situated in re-survey No. 358/A1A Methukummal Village, Suriacode Post, Kanyakumari District and consequently, directing the respondents to draw the electricity high tension wire line through the petitioner's adjacent vacant place in same survey No.358/A1A at Methukummal Village, Suriacode Post, Kanyakumari District.) 1. The petitioner seeks for a Mandamus directing the respondents to remove the high tension wire line crossed in his house Door No.19/ 146B which is situated in re-survey No.358/A1A, Methukummal Village, Suriacode Post, Kanyakumari District and consequently, directing the respondents to draw the electricity high tension wire line through his adjacent vacant place in same survey No.358/A1A at Methukummal Village, Suriacode Post, Kanyakumari...


Dec 29 2016

Ganesan Vs. Razia Banu

Court: Chennai Madurai

Decided on: Dec-29-2016

(Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure to set aside the order and decree dated 26.10.2016 made in E.P.No.102 of 2009 in R.C.O.P.No.5 of 2002 on the file of the Rent Controller cum Principal District Munsif, Kumbakonam.) 1. This Civil Revision Petition arises out of the order passed in E.P.No.102 of 2009 in R.C.O.P.No.5 of 2002 on the file of the Rent Controller cum Principal District Munsif, Kumbakonam. 2. The respondent as landlord initiated eviction proceedings against the petitioner in R.C.O.P.No.5 of 2002. After contest, the learned Rent Controller, ordered eviction, which was confirmed by the appellate authority. Challenging the concurrent finding, the petitioner seems to have filed the revision in C.R.P(MD)No.2603 of 2010. Based on the eviction order, the respondent/landlord laid an execution petition in the year 2009. Since there is no stay in the revision, the Executing Court has ordered delivery. Challenging the said order, the ...


Dec 23 2016

VR. Suyamprakasam Hereditary Trustee, Arulmigu Suyampirakasa Easwar Th ...

Court: Chennai Madurai

Decided on: Dec-23-2016

(W.P.(MD).No.10126: This writ petition has been filed under Article 226 of the Constitution of India, praying for issuing a writ of certiorari, to call for the records relating to the impunged order made in Na.da.Na.Ka.No.11785/2012/L5 dated 24.05.2016 passed by the first respondent and quash the same. W.P.(MD).No.10888: This writ petition has been filed under Article 226 of the Constitution of India, praying for issuing a writ of certiorari, to call for the records relating to the proceedings of the first respondent in Na.da.Na.Ka.No.11785/2012/L5 dated 24.05.2016 and quash the same.) Common Order: Since both the writ petitions challenging the order passed by the first respondent dated 24.05.2016, the writ petitions are disposed of by way of this common order. 2. W.P.(MD).No.10126 of 2016 has been filed by a Hereditary Trustee of one Arulmigu Suyampirakasa Easwar Thiru Kovil, Iluppagudi Village, Karaikudi Taluk, Sivagangai District and W.P.(MD) No.10888 of 2016 has been filed by the p...


Dec 23 2016

Perumalsamy Vs. The Managing Director, Tamil Nadu State Transport Corp ...

Court: Chennai Madurai

Decided on: Dec-23-2016

(Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the records of the impugned order passed by the second respondent in Ref.No.Sathu A1:1484, dated 10.12.2008 and to quash the same as illegal and consequently to direct the respondents to restore the increment for one year and cancel the temporary suspension of 15 days from 17.4.2008 to 1.5.2008.) 1. This writ petition has been filed, seeking for issuance of a writ of Certiorarified Mandamus calling for the records of the impugned order passed by the second respondent in Ref.No.Sathu A1:1484, dated 10.12.2008 and to quash the same as illegal and consequently to direct the respondents to restore the increment for one year and cancel the temporary suspension of 15 days from 17.4.2008 to 1.5.2008. 2. Heard the learned counsel on either side. 3. The Petitioner is said to have been caused accident for which he was placed under suspension from 16.4.2008. Dehors ...


Dec 23 2016

S. Selvin Vs. The State Represented by Revenue Divisional Officer, Nag ...

Court: Chennai Madurai

Decided on: Dec-23-2016

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Order in Na.Ka.No.A2/4177/2016 dated 16.12.2016 on the file of the Respondent No.1 and quash the same as illegal and consequently directing the Respondent No.1 to permit the petitioner to conduct Christmas Festival in the Evangelical Church of India, Panikulam Church, Kanyakumari District from 24.12.2016 to 01.01.2017 within the time stipulated by this Hon'ble Court.) 1. The prayer in the writ petition is for a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Order in Na.Ka.No.A2/4177/2016 dated 16.12.2016 on the file of the Respondent No.1 and quash the same as illegal and consequently directing the Respondent No.1 to permit the petitioner to conduct Christmas Festival in the Evangelical Church of India, Panikulam Church, Kanyakumari District from 24.12.2016 to 01.01.2017 wi...


Dec 23 2016

Ananthi Vs. The Secretary to Government, School Education Department, ...

Court: Chennai Madurai

Decided on: Dec-23-2016

(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to approve the Petitioner's appointment as Office Assistant in the fourth respondent School on 8.3.2013 and disburse the service and monetary benefits to the Petitioner from the date of appointment, within the time stipulated by this Court.) 1. This writ petition has been filed, seeking for a direction of the respondents 1 to 3 to approve the Petitioner's appointment as Office Assistant in the fourth respondent School on 8.3.2013 and disburse the service and monetary benefits to the Petitioner from the date of appointment, within the time stipulated by this Court. 2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. The petitioner has been appointed as Office Assistant with effect from 8.3.2013 in the 4th respondent school, which is a minority aided school. The fourt...


Dec 23 2016

Ponnusamy Nadar Vs. Rajammal

Court: Chennai Madurai

Decided on: Dec-23-2016

(Prayer: Appeal is filed under Section 100 of the Civil Procedure Code against the Judgment and Decree, dated 19.09.1996, made in A.S.No.14 of 1995, on the file of the Subordinate Judge, Tenkasi, against the Judgment and Decree, dated 24.01.1995 in O.S.No.133 of 1988, on the file of the District Munsif Court, Tenkasi.) The defeated defendant is the appellant herein. 2. For the sake of convenience, the parties are referred to as per the ranking before the Trial Court. 3. The plaintiff filed the suit in O.S.No.133 of 1988, before the learned District Munsif, Tenkasi, for the relief of declaration over Item No.I of the suit property i.e., suit Well and for permanent injunction restraining the defendant from drawing water from the suit Well for irrigation of his land in Item No.II of the suit property. 4. The plaint proceeds on the basis that the plaintiff has purchased the right in the suit Well under Ex.A1 Sale Deed, dated 03.03.1987 and she is irrigating her land by drawing water from t...


Dec 23 2016

VR. Suyamprakasam Hereditary Trustee, Arulmigu Suyampirakasa Eeswar Th ...

Court: Chennai Madurai

Decided on: Dec-23-2016

(Prayer: Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of certiorarified mandamus, to call for the records relating to the impunged order made in Se.Mu.Na.Ka.No.5763/2015/A2 dated 19.05.2016 passed by the first respondent and quash the same.) This writ petition has been filed challenging the order passed by the first respondent/the Commissioner, Hindu Religious and Charitable Endowments, Chennai suspending the petitioner from the Office of Hereditary Trusteeship and also appointing the 3rd respondent as Fit Person for Arulmigu Suyampirakasa Easwar Thiru Kovil, Iluppagudi, Karaikudi Taluk, in Sivagangai District. 2. The case of the petitioner in brief is as follows:- The petitioner is Hereditary Trustee of one Arulmigu Suyampirakasa Easwar Thiru Kovil, Iluppagudi, Karaikudi Taluk in Sivagangai District. The above temple is administered in terms of a scheme framed by this Court in APP.No.492, 743 and 491 of 1951, dated 05.05.1954 and amen...


Dec 23 2016

S. Perambalam Vs. The Managing Director, Tamil Nadu State Transport Co ...

Court: Chennai Madurai

Decided on: Dec-23-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents Corporation to settle the pension amount for the month of December 2014 and January 2015 with 18% rate of interest for the belated payment of pension due to the Petitioner within the time frame fixed by this Court.) 1. This writ petition has been filed, seeking a direction to the respondents Corporation to settle the pension amount for the month of December 2014 and January 2015 with 18% rate of interest for the belated payment of pension due to the Petitioner within the time frame fixed by this Court. 2. Heard the learned counsel on either side. 3. The case of the petitioner is that the Petitioner joined the services of the first and second respondent/Corporation in the month of August 1980 and retired from service after attaining the age of superannuation on 30.11.2014 from the second respondent/Corporation. At the time of retirement, the Petitione...


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